ABSTRACT
Chapter 1 traces the evolution and rationale of Geographical Indications (GIs) as a form of intellectual property (IP). This form of IP has a long history, which needs to be discussed in order to learn why it is treated uniquely by many nations. The objective of this chapter is to prepare a canvas for discussion on the efficacy of the GI system in India, which will be the focus of the remaining chapters. It discusses GI from the focal point of the international regime, especially the Trade Related Aspects of Intellectual Property Rights (TRIPS), before and after the introduction of which the regulation of Intellectual Property Rights in general and GI in particular has undergone a remarkable transformation. International instruments like the Paris Convention for the Protection of Industrial Property, 1883; the Madrid Convention for the Repression of False Indication of Origin, 1891; and the Lisbon System are highlighted. Attempts are made to compare GI with other widely accepted concepts like Indication of Source, Appellation of Origin and Trademark in order to understand how GI is distinct. Towards the end, the chapter details the legal treatment of GI under the Indian legislative framework.
